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Rental: Can you be charged a Fee if your Rent is Late BECAUSE of the Post Office?

playahaitian

playahaitian

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* I had a co-worker ask a VERY interesting question:

If the rent arrives LATE to your landlord not because of YOU but because of the POST OFFICE...

Can you STILL be charged a Late Fee?
 
playahaitian said:
* I had a co-worker ask a VERY interesting question:

If the rent arrives LATE to your landlord not because of YOU but because of the POST OFFICE...

Can you STILL be charged a Late Fee.
Click to expand...
If the landlord is understanding they will let it fly but the truth is most of them don't give a fuck about your situation and just want their money.

If your check arrives late because of the post office they can still charge the late fee because ultimately it is up to the renter to make sure that money arrives on time.

If the landlord does charge a late fee, your boy can take the post office to civil court to get that money back since it was their fault that he was charged a fee.
 
Your Rent: Due Dates, Grace Periods and Late Fees

Landlord-tenant laws differ a great deal from state to state, but most leases cover common points, including the amount of rent, when it’s due, and late fees if rent is not paid on time. Your lease is a contract with your landlord, and when each of you sign it, you're bound by its terms. If you violate your lease—for example, by not paying rent—your landlord will have legal grounds to end your tenancy and begin eviction proceedings.

Your Rent Is Due on the Due Date
The due date in your lease is the date when you're contractually obligated to pay your rent, typically the first of the month. Under the laws in some states, if the rent due date falls on a Saturday, Sunday, or legal holiday, the tenant has until the next business day to pay rent. But unless it’s required under your state law, or is spelled out in your lease, your rent is due on or by the due date. If you fail to pay rent on time, your landlord may charge a late fee—as long as this fee is spelled out in your lease and complies with any state restrictions on late fees.

State-by-State Basic Rent Rules.
You May Risk Eviction
If you are late paying rent, most states allow landlords to immediately send you a termination notice for nonpayment of rent, giving you a few days (the number is usually specified by state law) to pay your rent or risk an eviction lawsuit. States vary as to how soon landlords may send you a termination notice for nonpayment of rent—it may be immediately (the day after you miss the rent due date) or it may be a few days after the rent due date. State laws also vary as to how the landlord must serve a rent nonpayment notice, and how many days the landlord must give you to pay the rent before you face a termination of your tenancy. In California, for example, a landlord may give a tenant a nonpayment of rent notice as soon as the rent is late, and the notice must give the tenant three days to pay rent or move before the landlord can file for eviction.

A Landlord-Tenant Lawyer Can Help
State laws vary widely when it comes to rent, late fees, termination of rent, and lease requirements. Plus, the facts of each case are unique—for example, state rent and termination rules sometimes provide exceptions for victims of domestic violence. This article provides a brief, general introduction to the topic. For a detailed explanation of landlord-tenant law in your state, including how it applies to your situation, consult an experienced real estate lawyer.

http://real-estate.lawyers.com/land...nt-due-dates-grace-periods-and-late-fees.html

http://www.mrlandlord.com/landlordforum/display.php?id=14070128
 
I AM GDFOLKS said:
If the landlord is understanding they will let it fly but the truth is most of them don't give a fuck about your situation and just want their money.

If your check arrives late because of the post office they can still charge the late fee because ultimately it is up to the renter to make sure that money arrives on time.

If the landlord does charge a late fee, your boy can take the post office to civil court to get that money back since it was their fault that he was charged a fee.
Click to expand...

but this is what I told him

no matter WHAT?

It is the renter responsibility.

post mark don't matter

Even myself I try to drop in person if I can.

Super used to take it but then another tenant lied on him so now its f*cked up for everyone.

:hmm: brand new white tenant

I did the bank bill pay and it arrived late even though I scheduled it EARLY like the 25 or 28. But I have heard MANY have a good experience with it.

I have heard of many Landlords having paybill or direct deposit etc...but I have personally never encountered it.
 
usually if it's date stamped on or before the due date, they shouldnt be able to add on late fees.
 
I had a similar situation for two months in a row. I had auto bill pay from my bank. They would send the check, but it would always get returned 18 days later. Rent office sent me a summons to court and tacked on $300 in fees. I did some research and found out the post office had a new employee that didn't know that a payment to the rent office didn't have to have an apartment number on it and was returning anything that didn't. Long story short, the apartment removed the fees and dismissed the case. But now I hand carry my payments in each month. So to answer your question, I believe it depends on how understanding the property manager wants to be. But I don't think they are obligated to let it slide. I was prepared to make the post office pay the fees if I had too.
 
Peace,

playahaitian said:
* I had a co-worker ask a VERY interesting question:

If the rent arrives LATE to your landlord not because of YOU but because of the POST OFFICE...

Can you STILL be charged a Late Fee?
Click to expand...

Yes. Don't listen to the cats who are telling you about a post marked date and shit like that. If it's late, you're liable for late fees.
 
An RnB Thug said:
Usually it's late in accordance to the POST MARK
Not the delivery DATE
Click to expand...

not true apparently

it is the RENTER'S RESPONSIBILITY that the rent gets there on time

depending on the STATE the laws are little different concerning GRACE PERIODS...

and Landlords need to be REAL careful with that because while they CAN charge that fee after the 1st...

with holidays, etc they could get in REAL BIG TROUBLE if they are found to be malicious.
 
I AM GDFOLKS said:
If the landlord is understanding they will let it fly but the truth is most of them don't give a fuck about your situation and just want their money.

If your check arrives late because of the post office they can still charge the late fee because ultimately it is up to the renter to make sure that money arrives on time.

If the landlord does charge a late fee, your boy can take the post office to civil court to get that money back since it was their fault that he was charged a fee.
Click to expand...
:lol: taking the post office to civil court
 
Jay-Vill said:
Where they charge you a percentage of the rent if you use a credit card, and $3 if you're using a check?

I know, all is cheaper than the late fee, which is 10% of the rent.
Click to expand...
Most banks have bill pay that will send a check out for you. That's what I do, when you set up bill pay, if the money cannot be transferred they will then send a check, it's a great way to pay people instead of keeping a box of checks, and this service is normally free
 
From all the places I've paid rent............

1. Lived in my mom's house. She picked up the rent. Hell yeah she charged me. Got me a roommate.
2. First apt. away from home. Landlord picked up check. Was in a house.
3. Second apt. Landlord picked up check. Was in a house.
4. Third apt. Check dropped off at office. Apt. complex.
5. Fourth apt. Check dropped off at office. Apt. complex.

I own my home now. Mortgage is sent through bank bill pay. Never late in 13 years.
 
playahaitian said:
* I had a co-worker ask a VERY interesting question:

If the rent arrives LATE to your landlord not because of YOU but because of the POST OFFICE...

Can you STILL be charged a Late Fee?
Click to expand...


you guys ask and answer the weirdest questions on here..
 
playahaitian said:
* I had a co-worker ask a VERY interesting question:

If the rent arrives LATE to your landlord not because of YOU but because of the POST OFFICE...

Can you STILL be charged a Late Fee?
Click to expand...
As long as the postmark is stamped with a date where it could reach the destination on time, I wouldn't see the landlord having an issue with it. I've had mail arrive late and when they get it, it looks like someone was doing the running man on the envelope, but it was postmarked three days before it was due.
 
Yes... Its written into my rental contracts with my tenants. Basically its their responsibility to ensure their rent is paid on time. They even have to option to pay electronically so if they are late there are no allowances or excuses and late charges will be assessed...
 
simonmarcel said:
If rent is due on the 1st they want to have it on the first. Not in the mail on the 1st.
Click to expand...

Not necessary true, you cannot control WHEN it's DELIVERED
But you can control WHEN it's MAILED
That's why I said the POST MARK is usually followed
If it's post marked BEFORE the first then it's MAILED before the 1st

Example: The IRS says you taxes need to be POST MARKED before April 17
although it's due by the 17th as long as it's post marked by then it's not considered late
 
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An RnB Thug said:
Not necessary true, you cannot control WHEN it's DELIVERED
But you can control WHEN it's MAILED
That's why I said the POST MARK is usually followed
If it's post marked BEFORE the first then it's MAILED before the 1st

Example: The IRS says you taxes need to be POST MARKED before April 17
although it's due by the 17th as long as it's post marked by then it's not considered late
Click to expand...
That's the IRS.
 
Fuck that. If you're late, you're late. Ole "my dog ate it" ass ninjas. Pay the rent early and never worry about it.
 
An RnB Thug said:
Many collection agencies follow that system. Student Loan Payments, Mortgage Payments, Car Payments
List goes on and on....When I was paying rent that's what they followed as well.
Click to expand...
Thats still not a law or a rule. Each entity can govern their business the way they see fit. No grace period for any of my properties...
 

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